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Archive For Entries On Krieger (2006)

R. v. Krieger: Jury Nullification and the Limits of Descriptive Mens Rea

Jury nullification is the Canadian criminal justice system’s dirty little secret. In reality, the only thing that ever stands between any jury and the potential of nullifying a prosecution is the fidelity of jurors to their oath. Because of that oath, when the evidence furnishes incontrovertible proof establishing each element of the offence charged, a [...]